Joshua Jermaine Nelson v. Texas
FirstAmendment DueProcess HabeasCorpus Immigration Privacy
Is a statute unconstitutional on its face when it is a content-based restriction that severely criminalizes a substantial amount of harmless speech between adults
QUESTIONS PRESENTED 1. Is a statute unconstitutional, on its face, when it is a content-based restriction that severely criminalizes a substantial amount of harmless speech between adults — speech that is protected under the First Amendment? 2. Is a statute unconstitutional, on its face, under the First Amendment, when it criminalizes thought? 3. Is a statute unconstitutionally overbroad under the Fifth and Fourteenth Amendments to the United States Constitution when its definitions are so vague and ambiguous that it fails to provide a person of ordinary intelligence fair notice of what is prohibited, and when it is so standardless that it authorizes or encourages seriously discriminatory enforcement? 4. Is a statute unconstitutional under the Fifth and Fourteenth Amendments when it does not have a mens rea requirement as to the age of the alleged minor? i